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bob7947

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About bob7947

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  1. Below is from DFARS. That should get one started. 215.404-70 DD Form 1547, Record of Weighted Guidelines Method Application. Joel found the form from here.
  2. Retreadfed: I've added a law firm's explanation of Defective pricing and I've added a little blurb by another firm focused on DCAA. As Yogi once said about a baseball game, "It ain't over till it's over." That's one way of looking at whether questioned costs ever become defective pricing.
  3. All assistance to a member is appreciated.
  4. Gene: I would Google "purchase request," "procurement request," "purchase order request," etc., and find out what is wanted on the forms that appear. Also think of "requsition request," "requsition order number," which may be similar of the same as a "procurement request." Only look at those items from a dot.gov or dot.mil site. Here is something from DoD's Procedures, Guidance, and Information (PGI). Check the difference between the DoD PGI and DoD DFARS before you use it. Also, you may wish to Google "COR Handbook," etc. to see what you can find there. If you understand what the procurement request collects, you will understand its function, and you probably can develop your own definition. Consider what other's post in this topic.
  5. Retreadfed: This is amusing. You mentioned the 9th Circuit in an earlier post. Here's a couple blurbs on Trott. From the 1987 Post article. Stephen S. Trott is now a Senior Judge of the United States Court of Appeals for the Ninth Circuit. He was nominated in 1987 and confirmed in 1988. Lesson: Always keep your next job in mind.
  6. Jacques: Thanks. I saw the article and will read it soon.
  7. Thanks. From a 1987 Washington Post (I did not get the pay me screen on this article) article: Wow, 36 years ago. It seems like ten years ago.
  8. Retreadfed: I think that's it. Let me check. The McDonnell Douglas case had several things in it too. Maybe I should start something about most interesting cases. It would be informative for younger members and the rest of us too.
  9. This case did go back to the COFC and then back to the appeals court. However, it appeared it ended there. It didn't discuss the "best efforts" issue. I'm using a document that summarizes the case. Mention of the case is on p. 1051. Either my memory is wrong or this was not the correct case. Still looking for help.
  10. Thanks Lionel: That may be the beginning of the case. It was a: termination for default on a fixed-price contract, large contractor and major program, kicked around the court system for years, This was the second remand back to the Court of Federal Claims: McDonnell Douglas Corp. v.U. S., United States Court of Appeals, Federal Circuit, Mar 17, 2003, 323 F.3d 1006 (Fed. Cir. 2003). This remand may go back to the COFC and then back to the Court of Appeals for the Federal Circuit for an opinion before it went to the U. S. Supreme Court. If there is a U. S. Supreme Court decision it would explain that this contract, although labeled fixed-price, was in reality a "best efforts" contract. I remembered we were all stunned by the final ruling--if this is the correct case and there is a U. S. Supreme Court decision. I'm going to search for it.
  11. I've been trying to find a court case. Here are the specifics, if I am remembering them correctly: it involved a well-known contractor, the contract may have been a fixed-price contract but it included the words "best efforts" in the contract language, the decision may have been from the U. S. Supreme Court, it's a case that kicked around the court system for years, it may have been decided in last 10 years. I remember reading the decision and was surprised that the best efforts wording turned the decision. So, it may well have been a fixed-price contract. Can you tell me the name and a citation.
  12. I offered a CoP last week. They just need to pick a specific subject and find people willing to be active participants of the CoP. I can make one of the participants the moderator of it. I can make it private--hidden or unseen. I can make it contractor only, government only, inclusive, etc. No offers.
  13. Susan: In addition to an online forum, this site includes news, decisions, and rules every workday. I've done that for the past 21 years. I view this as a general COP for contracting. The forum's members are from government, industry, educational intstitutions, etc. They are located on different parts of the Earth. (I am not aware of anyone posting from Antartica.)
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